SOBHAG MAL Vs. TEHSIL PANCHAYAT PIPALDA KOTAH DISTT

JUDGEMENT

(1.) THIS is a writ application by one Sobhag Mal resident of village Mohanpura, in district Kotah, under Art. 226 of the Constitution of India.

(2.) THE petitioner's house in village Mohanpura is adjacent to that of respondent No. 3 Shri Moolchand. He had constructed a latrine in his house in the early part of the year 1954 but it was ordered to be demolished by the Gram Panchayat, Mohanpura and accordingly it was removed. THEreafter on 31st December, 1954, he presented an application to the same Gram Panchayat to obtain permission for constructing another latrine according to the plan submitted by him. THE Up-Sarpanch inspected the site and made a report that the plan submitted by the petitioner was not objectionable and he may be permitted to construct the latrine as desired by him. On 3. 1. 55, the Sarpanch on behalf of the Gram Panchayat, Mohanpura, accorded sanction asked for to the petitioner. Respondent No. 3 thereupon presented an application before the Gram Panchayat raising certain objections to the constructions which were allowed to be made by the petitioner. On 21st February, 1955 the members of the Gram Panchayat considered all the objections raised by respondent No. 3, and dismissed them. THEy maintained the sanction which was given to the petitioner on 3. 1. 55. Aggrieved by the decision of 3rd January respondent No. 3 presented an appeal before the Tehsil Panchayat, Pipalda. On 8. 6. 55 the Tehsil Panchayat allowed the appeal and ordered the petitioner to close the latrine immediately and further directed that in case of disobedience he will be liable to pay recurring penalty of of Rs. 1/- per day. At the same time, it directed the petitioner to construct his latrine at the place where it was erected earlier and which was removed by the Gram Panchayat. THE petitioner then closed the latrine as directed by the Tehsil Panchayat and started the construction of a new latrine. He presented another application to the Gram Panchayat on 31. 8. 56 to the effect that he had complied with the orders of the Tehsil Panchayat, that he was constructing a new latrine according to the directions of the Tehsil Panchayat and the Health Officer, Kotah. Up-Sarpanch inspected the site on 3. 9. 56 and on the same day the Sarpanch passed on order that the latrine which was being constructed by the petitioner could not cause offence to anybody and the petitioner was permitted to proceed with the construction. Meanwhile, the respondent No. 3 had presented an application on 30th August, 56 to the Gram Panchayat, Mohanpura complaining that the petitioner had dis-obeyed the orders of the Tehsil Panchayat and the new construction made by him would cause nuisance to him and damage to his property. THE Sarpanch passed an order on this application saying that it should be put up before the Board. It does not appear if it was ever put up in the meeting of the Gram Panchayat thereafter. On the next day i. e. 31. 8. 56 respondent No. 3 presented a similar application before the Tehsil Panchayat. In this application also, it was alleged by him that the petitioner was disobeying the orders of the Tehsil Panchayat and it was prayed that the petitioner should be directed to stop further construction. This application was finally decided by the Tehsil Panchayat on 16. 5. 57 and the petitioner was ordered to demolish the construction made by him. It is the validity of this order which is sought to be challenged by this application.